People v. Canals

delivered tlie opinion of tlie court.

On May 8 last, a motion to dismiss this appeal, filed on April 26, 1935, came on for hearing, and at the same time a hearing was had of the appeal oh its merits, which latter hearing had been set for April 17, 1935. Both parties appeared by counsel and presented oral argument.

The defendant in his motion to dismiss maintains that the appeal does not lie, arguing that the order appealed from is not appealable for the reason that the information was not thereby dismissed.

After the information was filed, defendant demurred upon the grounds that the facts'…